When does the 5 years start in Chapter 13

[Mayo]

I filed Ch13 in Jan of 2007. I know I started making payments in Feb 07. My plan wasn't approved until May 2007. This coming January will be 5 yrs since I filed, My question is will my 60 months be over in Jan or in May? I've made every payment and am looking forward to being done with this chapter of my life.

[AngelinaCat]

Mayo, have you not ever received any paperwork from the court? Certainly you must have. Please explain. Your post, as it now stands, does not make any sense.

[Mayo]

I received paperwork but I have misplaced it.I was trying to ask does the 60 month plan start on the filing date or rather when the bankruptcy is confirmed by the court. There is a 5 month lag in between filing and confirmation. I will probably call my lawyer and ask i was just curious and I thought someone might know the answer on here.

[catleg]

In most states it starts with the filing date but I've heard of a few oddball places where it runs from confirmation of the plan (Michigan?).

[newbie2]

In most states it starts with the filing date but I've heard of a few oddball places where it runs from confirmation of the plan (Michigan?).

Yep, we are lucky here in Michigan. (BTW, our 60 month plan was up several months ago, but still paying because it took a while to be confirmed.)

[forgotten]

I filed Ch13 in Jan of 2007. I know I started making payments in Feb 07. My plan wasn't approved until May 2007. This coming January will be 5 yrs since I filed, My question is will my 60 months be over in Jan or in May? I've made every payment and am looking forward to being done with this chapter of my life.

I'm pretty sure Michigan is the only place that goes by confirmation date, so you should be done in January. However, you want to keep paying until told to stop. If you overpay it will be refunded.
If I was in Michigan I would be paying an extra $7000, that would be enough for me to pay an attorney to challenge it.

[keepsmiling]

Wow. So it's not necessarily straightforward 60 payments? that just doesn't seem right.

[newbie2]

Wow. So it's not necessarily straightforward 60 payments? that just doesn't seem right.

Not necessarily 60 payments, but 60 months for most people. (You could pay bi weekly or bi monthly and have it be well more than 60 payments.) Don't worry about my oddball state (Michigan). We're the only ones I know of that run post-confirmation.

[okteacher]

I had the same question & I'm in Oklahoma. I filed in Jan or Feb ( & started the payments then). I had the confirmation hearing on April 19th, I remember the confirmation date b/c I thought, "Great! I'm in a Federal Courthouse, in Oklahoma City, on the anniversary of the OKC bombing. I hope no one has a grudge to carry out today!" My annual report from the Trustee show the payments began in April not when I filed & began paying.

[nsupanda]

I'm in Oklahoma too. We filed April 29, 2011 and my first payment was due on May 31st. After we paid the trustee that first payment, the payments are being taken from my paycheck bi-weekly. The way I figure, my final payment will be the end of April, 2016. That will be exactly 60 payments. Does anyone know if they don't hold out on certain paychecks out of the year? Someone once told me if you get paid bi-weekly you get an extra check in the spring and an extra check in the fall, so do they take out of those extra checks? Am I making any sense? :-)

[forgotten]

I'm in Oklahoma too. We filed April 29, 2011 and my first payment was due on May 31st. After we paid the trustee that first payment, the payments are being taken from my paycheck bi-weekly. The way I figure, my final payment will be the end of April, 2016. That will be exactly 60 payments. Does anyone know if they don't hold out on certain paychecks out of the year? Someone once told me if you get paid bi-weekly you get an extra check in the spring and an extra check in the fall, so do they take out of those extra checks? Am I making any sense? :-)

If you are paid bi-weekly the wage order deduction will account for the "extra" checks. Example: If your payment is $600/mo they will take $600 * 12 = $7200 / 26 (pay periods in a year) = $276.92 per check.

[nsupanda]

I think they should too, but discussed this with a friend of mine who is also in a Ch. 13 (same district as me) and she gets those two extra paychecks in full every year. Either way is fine with me, I'd almost rather them not give me the two full checks just so I know when my plan will definitely be paid in full.